The challenge by the investors, Nigel Rowe and Alec David Worrall against the PPNs (Partner Payment Notices) and APNs (Accerlated Payment Notices), was dismissed in July this year.

The investor claimed that the notices were unreasonable, breached natural justice and represented an abuse of their rights under the European Convention of Human Rights to a fair trial.

Lawyers for the investors claimed the notices removed the legitimate expectation they had when they joined the scheme that they wouldn’t have to pay tax before the dispute was resolved. All challenges were found in HMRC’s favour by The High Court.